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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The demise of the remedy of reinstatement in employment contracts: a note on recent developments
Author:Madhuku, LovemoreISNI
Year:1996
Periodical:The Zimbabwe Law Review
Volume:13
Pages:40-44
Language:English
Geographic term:Zimbabwe
Subjects:dismissal
labour contracts
labour law
Abstract:The remedy of reinstatement in cases of unlawful dismissal is now virtually unavailable in Zimbabwe, except to civil servants. Both the Labour Relations Act and the Supreme Court have, in different ways, reduced reinstatement to a meaningless remedy. Under the Labour Relations Act Amendment Act (No. 12 of 1992) every order of reinstatement made should give the employer the option of paying damages instead. The approach of the Supreme Court to reinstatement in recent cases, such as that of Nicholas Hama v National Railways of Zimbabwe, effectively makes statutory reinstatement no more than what would be permissible under the common law. This is difficult to reconcile with the very essence of employment protection legislation such as the Labour Relations Act. Ref.
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